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BARKER v. CHESAPEAKE & OHIO R.R.

Nos. 91-1260, 91-1279.

959 F.2d 1361 (1992)

Leonard F. BARKER, Jr., Kenneth D. Beaver, Carl J. Cannon, Dyke M. Christian, Jeffrey L. Darwish, Robert J. Faunce, Isaac M. Glover, Steven L. Higginbotham, James E. Kellie, Elbert Reed, William J. Charles, and Timothy L. Reedy, Plaintiffs-Appellants, v. CHESAPEAKE & OHIO RAILROAD, a/k/a CSX Transportation, Inc., and United Transportation Union, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided March 27, 1992.

Rehearing Denied June 9, 1992.

Attorney(s) appearing for the Case

Ronald Reosti, (briefed), Barbara M. Harvey (argued and briefed), Detroit, Mich., for plaintiffs-appellants.

Gene S. Davis, Mary C. O'Donnell (argued and briefed), Driggers, Schultz, Herbst & Paterson, Troy, Mich., C. Thomas Wilson (argued and briefed), Nelson, Wilson & Wilson, Detroit, Mich., for defendants-appellees.

Before: GUY, NORRIS, and BATCHELDER, Circuit Judges.

Rehearing En Banc Denied June 9, 1992.

BATCHELDER, Circuit Judge.

This case on appeal presents claims of numerous plaintiffs that CSX Transportation violated provisions of section 704 of the Regional Rail Reorganization Act, resulting in damage to plaintiffs, and that their union breached its duty of fair representation in failing to assist plaintiffs in pursuing those claims. The district court dismissed plaintiffs' claims for breach of duty of fair representation...

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